The 90-96 program provides for a conditional discharge of certain drug offenses in North Carolina after completion of a drug education class while on probation. Under NCGS 90-96(a) and NCGS 90-96(a1), successful completion of the conditions set by the Judge results in dismissal of the eligible charges. The exact terms relating to the drug classes, the length of probation, and whether probation is supervised or unsupervised are ultimately up the presiding Judge

​felony drug related charges dismissed and ultimately expunged from their record completely. This list includes but is not limited to drugs such as marijuana, but also includes cocaine, heroin, oxycodone, methamphetamine, opiates, and LSD.

What charges qualify for conditional discharge under 90-96?

Any misdemeanor controlled substance charge.

Possession of drug paraphernalia.

Felony simple possession of any controlled substance under 90-95(a)(3).

Requirements for conditional discharge under 90-96(a):

No felony convictions of any kind under any State or Federal law.

No prior conviction for a controlled substance or for possession of drug paraphernalia.

Requirements for conditional discharge under 90-96(a1):

Does not exclude those with non-drug related felony convictions.

Does not exclude those with drug convictions more than seven (7) years ago.

How much does the 90-96 program cost?

The fees usually include ~$200 in Court fees and whatever fees are required for the drug education classes. Drug education class fees typically run another $100-$400 depending on whether you use a non-profit State run program or a for-profit private provider. Although a private provider may cost more money one advantage is it gives you control over whether the provider you choose requires random drug testing. Another advantage is private providers often have weekend and evening classes that may better fit your work schedule. Perhaps the best reason to choose a private provider, if you can afford it, is a private provider knows you have a choice, and hence they tend to treat you with much more respect.

Do I have to pay probation fees on the 90-96 program?

If the Judge places you on supervised probation then you may face probation fees of ~$40 per month. Best case scenario is unsupervised probation (where you don’t have monthly meetings or fees) for six (6) months or less.

Can I be drug tested on the 90-96 program?

Yes- although this requirement varies by County, Judge, and drug education provider.

What if I have had a prior conviction years ago?

If you have not had any convictions in the prior seven (7) you may still be eligible for the more intensive program under NCGS 90-96(a1) which requires a minimum one (1) year probation term.

What do the drug classes involve?

The drug education requirement generally requires a drug assessment that results in a recommendation of at least 15 hours of classes.

Is a 90-96 the same as deferred prosecution?

No- In the 90-96 program the defendant is convicted, but placed on probation without the Court entering judgment, pending review at the end of the probation period. This is different than a deferred prosecution that does not involve an initial conviction. That being said successful completion of the 90-96 program is similar to a deferred prosecution because the eligible charges are ultimately dismissed.

Do I have to have an attorney to apply for the 90-96 program?

An attorney is not required, but is always advisable especially in criminal Court. If you cannot afford to hire legal counsel you may be eligible for a Court appointed attorney.

Is there any advantage to hiring an attorney?

An attorney may convince the District Attorney you are not guilty and therefore the case should be dismissed outright, without going through the 90-96 program. Another possibility, depending on the County, is a formal or informal deferred prosecution as opposed to the 90-96 program.

Are there risks to entering the 90-96 program?

You can only enter this program after you have been found guilty or plead guilty. This means that if you violate any terms imposed by the Judge relating to probation, drug classes, drug testing, new charges, paying fees, etc... then you may be immediately sentenced. Do not waive your right to a trial if you have any doubts about whether you can successfully complete the program.

Can I expunge charges after completion of the 90-96 program?

Yes- you may eligible as soon as the case is dismissed. The expunction process takes another 9-12 months to complete and there is a ~$175 filing fee to the Court.

Will I be able to ask for a 90-96 for a felony methamphetamine charge?

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Jason Witt

4/26/2016 12:37:22 pm

You should be able to ask assuming you meet the other criteria, but make sure you talk with a local attorney.

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steve patterson

9/21/2016 09:35:59 pm

my 23yr old daughter was arrested/charged w felony posession cocaine, less than gram, she was in wrong car @ wrong time, wasnt hers, how can i navigate this 90 96 program wo an attorny? is there a form i can turn in to the da/clrk of crt requesting it? do we have to wait for the court date? is this my best option you think?

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Jason Witt

9/22/2016 11:00:07 am

90-96 involves pleading guilty and hoping for a dismissal after the probation period. That would likely require supervised probation for 6-12 months with a felony charge. If she was simply a passenger pleading guilty is probably a mistake.

Although there are forms online nobody should represent themselves on a felony without a lawyer. At the very least she should ask for a Court appointed lawyer and fight for a straight up dismissal before agreeing to plead guilty to anything.

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steve patterson

9/21/2016 09:37:45 pm

my daughter has no record at all. roanoke rapids, halifax county

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Tim

10/29/2016 04:15:26 pm

My sister is currently on the 90-96 program in Burke County. She was driving a car and was pulled over. Her husband was arrested for felony possession of crack and a misdemeanor paraphernalia charge. Will this effect her 90-96 if her probation officer finds out?

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Jason Witt

10/29/2016 05:37:32 pm

Let me first start by saying I do not practice in Burke County so I can’t say how things work out there. That being said, it seems hard to violate her if she was not charged with a crime. You need to warn your sister this may put her probation officer on notice to drug test her or show up unannounced to her house to search for drug activity.

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Bria

11/28/2016 04:32:42 pm

Hey I just recently got a citation for less than half an oz of marijuana , this is my first offense and I had a .5 , not even a gram , could I ask for a 90-96 program ?

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Jason Witt

11/28/2016 04:45:24 pm

You could apply for the 90-96 program, but there may be easier options depending on the county you were charged. An easier/better option may be an informal deferred prosecution.

I am currently on a 90-96 and my probation will be terminated Jan. 6th but I am going to school this spring so I'm looking for apartments. I applied at one and was rejected because of my record. Is there anything I can do to be able show the '' apartment people" that all the charges will be dismissed?

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Jason Witt

12/21/2016 05:18:01 pm

If you are still on probation then your case probably has not been dismissed yet- it likely shows as a pending charge on your record. Most likely it will be dismissed on January 6, 2017 when your probation is completed. At that time your record will be updated to show your charge was “Dismissed after deferred prosecution”. That may still cause problems, so an expunction may be necessary to get it completely removed from your record. An expunction generally takes 9-12 months to finalize.

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Veronica

3/6/2017 01:05:53 pm

What happens if I don't complete my community service for a misdemeanor possession of less than a half once marijuana

Jason Witt

3/6/2017 01:52:56 pm

If you already signed an admission of guilt pursuant to 90-96 then the Judge can jump right to sentencing at your next Court date for failing to complete the program. Best bet is to ask for more time to complete your classes and hope the Judge is compassionate enough to grant your request. That being said, community service is not usually a requirement for the 90-96 program so I am not sure what you signed up for. Did you have an attorney?

Makayla McFarland

9/1/2017 10:05:11 am

After I finish the 90-96 class do I have to get a lawyer to get it expunged?

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Jason Witt

9/1/2017 10:30:11 am

You can always file the paperwork yourself if you do the research and legwork. Just be aware the process is not automatic and there is a court filing fee of approximately $175.

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Nick Johnson

9/27/2017 07:46:06 pm

Hey if I'm currently enrolled in the 90-96 program for 6 months on unsupervised probation is it likely that I'll get drug tested thanks.

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Jason Witt

9/27/2017 08:23:43 pm

Unsupervised probation usually has no oversight. That being said, things vary by county. It appears only the first 4 conditions of regular probation apply if unsupervised.

The defendant shall: (1) Commit no criminal offense in any jurisdiction. (2) Possess no firearm,explosive device, or other deadly weapon listed in G.S. 14-269. (3) Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training, that will equip the defendant for suitable employment, and abide by all rules of the institution. (4) Satisfy child support and family obligations, as required by the Court.

Condition (12) deals with drug testing and does not appear to be covered by unsupervised probation.

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Omar

12/4/2017 12:05:29 pm

I completed my probation in 2014 and my record wasn’t expunged after the 90-96 in mecklenburg county. It’s still showing up on my record and keeping me from getting jobs. What can I do? They tried to violate my probation on my last day on the program but was let go.

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Jason Witt

12/4/2017 02:31:05 pm

Just because you completed the 90-96 program does not mean the fact you were charged was supposed to be removed from your record. If you want everything removed you would need to file for an expunction. If the case was dismissed you should be eligible. The process takes 9-12 months to finalize. If you wanted to hire this office the attorney fee would be $750 and the court filing fee would be $175. You can also file yourself if you don't want to hire a lawyer, but you would still have to pay the filing fee since it was dismissed after a deferred prosecution.

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Mateo Rodriguez

12/7/2017 02:37:46 am

I went to a concert in Charlotte and got charged with possession of less then an ounce of marijuana. I went to court and need to take a 15 hour drug education course but i can't find any in my area (Greenville SC). What should i do. I saw there are online classes but I'm not sure if they will accept that. Please help.

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Jason Witt

12/7/2017 02:23:58 pm

I doubt Charlotte will accept an online class. I find it hard to believe there is no place in Greenville, SC that does substance abuse assessments. I just did a quick search on Google and located the Phoenix Center and Pavilion Greenvile Outpatient Services that both advertise they offer substance abuse assessments and classes.

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Jason D. WittI was born in Charlotte, NC and have been a practicing attorney for over 12 years in Union and Mecklenburg County.